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U. S. INDUSTRIES, INC. v. SEMCO MFG., INC.

No. 76-1991.

562 F.2d 1061 (1977)

U. S. INDUSTRIES, INC., a corporation, Appellant, v. SEMCO MANUFACTURING, INC., a corporation, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided August 29, 1977.

Rehearing and Rehearing Denied September 23, 1977.

Attorney(s) appearing for the Case

Robert M. Lucy, St. Louis, Mo. (argued), and Thomas C. Walsh and Michael G. Biggers of Bryan, Cave, McPheeters & McRoberts, St. Louis, Mo., filed appendix and briefs, for appellant.

Charles E. Rendlen, Jr., Hannibal, Mo., and Howard F. Sachs, Kansas City, Mo., for appellee.

Before GIBSON, Chief Judge, and HEANEY and ROSS, Circuit Judges.

Rehearing and Rehearing En Banc Denied September 23, 1977.

ROSS, Circuit Judge.

In this contract cause of action, Federal Sheet Metal (hereinafter FSM), a division of U. S. Industries, Inc., sued to recover losses incurred when its supplier, Semco Manufacturing, Inc. (hereinafter Semco), allegedly breached a contract to furnish medium and high pressure ductwork to FSM. The parties are of diverse citizenship1 and the amount in controversy...

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